The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Details of the disposition;

A. On June 4, 2020, at around 22:40, the Plaintiff driven B vehicles under the influence of alcohol with a blood alcohol concentration of 0.067% in front of the Gusan-ro 528, Bupyeong-gu, Incheon (hereinafter “instant drunk”).

B. On June 26, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 and class 2 motorcycle) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol in the instant case even though he had past history of driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on August 18, 2020.

On the other hand, the plaintiff has driven a motor vehicle under the influence of alcohol before driving the motor vehicle in this case.

[3. On March 22, 2004, the alcohol level of blood alcohol level 0.05%). 【No dispute exists as a ground for recognition, the entries in Gap's 1 through 3, 6, Eul's 1, 2, 5, 9 (including additional numbers) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. Considering all circumstances, such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of traffic accidents occurred due to the instant drunk driving, the Plaintiff actively cooperated in the investigation of drunk driving after the instant drunk driving, the Plaintiff is in charge of parking management in the hospital, and the operation of occupational vehicles is essential, economic difficulties are experienced, and there are family members to support, etc., the instant disposition is excessively harsh to the Plaintiff, thereby abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act, the commissioner of a district police agency must obtain a driver’s license in cases where a person who had been discovered as a result of a drunk driving or a refusal to measure drinking again drives a motor vehicle and